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(영문) 서울서부지방법원 2020.08.24 2020노378
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant does not have any relation to the victim, and the victim alone turns back.

2. According to the evidence duly admitted and examined by the court below, the victim consistently stated in the investigative agency and the court of original instance that “the defendant was in excess of the victim’s interest while the defendant did not pay the amount of money borrowed from the victim,” and consistently stated that “the defendant in question was in excess of the victim’s interest.”

The victim’s above statements are either erroneous or misleading, or are not likely to mislead the Defendant.

Meanwhile, the CCTV image does not seem to be a place where the Defendant was pushed down the victim. However, the place where the instant CCTV was committed is outside the area where the said CCTV could be reduced, and according to the above image, the Defendant and the victim were punished for a dispute over one-time period, adding the credibility of the victim’s statement.

The judgment of the court below is just, and the defendant's assertion of mistake is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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